Legal Question in Family Law in Rhode Island

Re: Japan/U.S. divorce in Rhode Island

As long as the divorce was carried out in conformity with the divorce or matrimonial dissolution laws of Japan, it should be recognized here as a valid divorce and subject to enforcement under the laws of the United States. (And, if the foregoing is true, there would be no need for your friend to "finalize" her Japanese divorce in this country.)

Your friend's best move at the present time would probably be to simply go to the nearest family court in her area and file for child support for the two children.

Re: Japan/U.S. divorce in Rhode Island

You pose a unique situation. If the husband and wife were legally divorced in Japan then that divorce should be recognized by the State of Rhode Island and at best may have to be domesticated here. Meaning that the court may require a filing of the divorce so that Rhode Island will acknowledge any particular terms of that divorce as well as to determine whether Rhode Island has jurisdiction regarding the children (if in fact the children are and have been residents of Rhode Island for that past six months). However, the Rhode Island Family Court does not have the power to grant child support retroactively before any proceedings were pending before it. The wife would have to file a Motion for Child Support and then provide the husband with service of process as required by the courts (especially if he is still in Japan) and the wife could only be awarded child support retroactive to the date her motion was filed in the Rhode Island Family Court.

I hope this was helpful.

If you are in need of further services, I may be contacted by email at [email protected].

My best to you and to the wife in this situation.